Legal Question in Family Law in Arizona
Get my child out of here
I have been taking care of my daughter, with joint custody since she was two years old.She is now 14 almost 15 years old. My ex-wife was required to pay support and had an increditable amount of visitation. She never exersized her visitation or paid child support for our daughter. I recently went back to court for the child support, got it, and adjusted the visitation to GUIDE LINES. I was suprised to see how neutral the court was. My daughter is now subjected to more time with her mother, which is not what any of us were expecting. Now the question. for years we have been needing and wanting to depart Tucson, (good reason supplied on request) and move to Redding California.How do I do this? I understand I am required to notify someone, but whom? Is there a waiting time? I can do this, but I need to know I won't have, at the last minute, leave my daughter behind. Will the courts listen at age 15 what the child wants and truly see what she needs have been and will contunie to be supplied by her father. Looking for direction.....
2 Answers from Attorneys
Re: Get my child out of here
If your divorce decree provides for notice to your ex-wife, then you must abide by those terms. If the decree does not mention leaving the state, then you must provide notice to your ex-wife of your intent to leave. The burden is then placed on her to petition the court to prevent the move. If objected to then your position for moving should be in the best interests of the child, and for a valid reason, i.e. new job, stronger family unit. Your ex-wife's argument that the move will violate her visitation rights will not hold a lot of weight considering she has failed to exercise the rights provided. good luck.
Re: Get my child out of here
Under Arizona law, you must provide at least 60 days advance notice of any move more than 100 miles or out of state. The notice must be specific, and must be by certified mail, return receipt, restricted signature.
The other party than has the option of filing papers to stop the move, or to at least request modification of custody / access.
You also could be proactive and file for "persmission" to relocate.
The Courts are obligated to consider the child's desires, and will simply weigh the new situation against the present situation.
Please contact me directly if you would like to discuss this in more detail.
/s/ Rich J. Peters, Attorney
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